Framework of this appeal
(9)
A case management review was convened for the purpose of clarifying and delineating the framework of this appeal . This was stimulated by the panel’s perception of a significant lack of clarity relating to the issues of fact and law to be determined . Th is resulted in th e parties’ joint suggested formulation of the issues in the follow ing term s: (i)
First, does this Tribunal have jurisdiction to determine whether the Appellant is a victim of trafficking? (ii)
If this Tribunal is so empowered and proceeds to make a finding of trafficking, what is the impact, if any, of such finding on the removal decision under appeal? (iii)
Is there any distinction in law between a victim of trafficking and a victim of forced labour? (iv)
If this Tribunal finds the Appellant to be a victim of trafficking, does the Secretary of State have continuing obligations to him under Articles 12 – 14 of the Trafficking Convention? And would the removal of the Appellant from the United Kingdom violate A rticle 16 thereof ? (v)
In Refugee Convention terms, will the Appellant, in the event of returning to Pakistan , be at risk of persecution as a member of a particular social group (former victims of trafficking and/or his family) or of treatment proscribed by Article 3 ECHR? Following reflection , w e are content to adopt this formulation of the issues and the appeal shall be determined accordingly .
- ntroduction
- Error of Law
- Trafficking Decision
- The Asylum Refusal Decision
- documentary
- Decision of the FtT
- if he was a victim of trafficking this was very much at the lower end of the spectrum.
- I find as a fact that he ceased to be in a situation which might have amounted to being a victim of trafficking following his arrest in September 2012.
- Framework of this appeal
- Factual Matrix
- The Appellant’s family
- Preserved Findings
- oubt
- “ Assessment of facts and circumstances
- Secretary of State for the Home Department
- Russia
- United Kingdom
- R v SK
- Attorney General’s Reference Nos 37, 38 and 65 of 2010
- Connors and Others
- France
- ewan) v
- R (Ullah) v Special Adjudicator
- Trafficking Issues in the IAC Tribunals
- Section 82, 2002 Act
- Section 84, 2002 Act
- Ministry of Defence, ex parte Smith
- Afghanistan
- Secretary of
- Abdi
- Rantsev
- consider
- Ullah
- Amatewan
- Atamewan
- to Mogadishu) Somalia
- DECISION
- Bernard McCloskey
- Date:
- CG [2014] UKUT 00442 (IAC), [23] – [27]
- National Justice CIA Naviera SA v Prudential Assurance Company Limited
- Vernon v Bosley (No 2)
- Stevens v Gullis
- Lucas v Barking Hospitals NHS Trust
- Mibanga v Secretary of State for the Home Department
